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Name Category Published
People v. Gardner
Circumstances supporting aggravated sentence need not be proven beyond a reasonable doubt. 		Criminal Law and Procedure Apr. 11, 2002
People v. Fernandez
Defendant was adequately advised of mandatory parole period. 		Criminal Law and Procedure Apr. 11, 2002
U.S. v. Walker
District court must explain reasoning and specify facts as to why it selects particular degree of departure. 		Criminal Law and Procedure Apr. 10, 2002
State v. Tousignant
Under Proposition 200, second time drug offender and user cannot reject probation. 		Criminal Law and Procedure Apr. 10, 2002
In re Jorge D.
Court must decide whether juvenile who confessed in principal's office was entitled to Miranda warning. 		Criminal Law and Procedure Apr. 10, 2002
Guthrie v. Jones (State)
Breath-to-blood partition ratio evidence is relevant in traditional DUI cases, but not in per se DUI cases. 		Criminal Law and Procedure Apr. 9, 2002
Taylor v. Sawyer
Decision of Bureau of Prisons to deny prisoner's request for 'nunc pro tunc designation' was not arbitrary or capricious. 		Criminal Law and Procedure Apr. 8, 2002
People v. Spence
Good faith exception to exclusionary rule doesn't permit admission of evidence seized beyond conditions of probation search. 		Criminal Law and Procedure Apr. 8, 2002
People v. Turner
Defendant's failure to timely file motion to withdraw guilty plea waived right to appeal. 		Criminal Law and Procedure Apr. 8, 2002
Manduley v. Superior Court (People)
Welfare and Institutions Code Section 707(d), allowing prosecutors to bring charges against minors directly in criminal court, is constitutional. 		Criminal Law and Procedure Apr. 5, 2002
People v. McGarry
Prisoner's monetary credit must be applied proportionally among obligations to pay base fine, penalties, restitution. 		Criminal Law and Procedure Apr. 5, 2002
People v. Hunter
Because defendant failed to file motion to suppress evidence uncovered in execution of search warrant, his challenge is not cognizable on appeal. 		Criminal Law and Procedure Apr. 5, 2002
People v. McKay
Custodial arrests for fine-only offenses do not violate Fourth Amendment. 		Criminal Law and Procedure Apr. 5, 2002
People v. Kozlowski
PIN code is property for purposes of kidnapping for extortion conviction. 		Criminal Law and Procedure Apr. 5, 2002
U.S. v. Molina-Tarazon
Removal of fuel tank at border checkpoint is not routine search for which no suspicion is required. 		Criminal Law and Procedure Apr. 5, 2002
U.S. v. Hill
Accessory indictment that fails to specify principal's crime is not legally sufficient. 		Criminal Law and Procedure Apr. 5, 2002
Brown v. Roe
Dismissal of petition for writ of habeas corpus as untimely is improper. 		Criminal Law and Procedure Apr. 5, 2002
People v. Smith
Police were authorized to search purse of woman residing in same room as probationer suspected of drug offense. 		Criminal Law and Procedure Apr. 5, 2002
Wai Silva v. Woodford
Death row inmate was improperly denied evidentiary hearing to determine existence of alleged 'Brady' violation. 		Criminal Law and Procedure Apr. 5, 2002
U.S. v. Hardy
In determining defendant's sentence, district court should have used wholesale value of stolen goods in calculating victim's loss. 		Criminal Law and Procedure Apr. 5, 2002
People v. Iniguez
Conviction for conspiracy to commit attempted murder is reversed because offense does not exist. 		Criminal Law and Procedure Apr. 4, 2002
People v. McNamee
Penal Code Section 2933.2(c) bars presentence conduct credits against determinate and indeterminate terms of convicted murderer's sentence. 		Criminal Law and Procedure Apr. 4, 2002
People v. Engelman
Jurors can be instructed to notify court if another juror expresses intention to disregard law in reaching verdict. 		Criminal Law and Procedure Apr. 3, 2002
U.S. v. Gill
In determining drug quantity for sentencing purposes, court should have used preponderance-of-evidence standard. 		Criminal Law and Procedure Apr. 3, 2002
U.S. v. Mills
Statement that defendant was 'probably an old hippie' who smoked marijuana from juror who was neighbor of defendant wasn't prejudicial. 		Criminal Law and Procedure Apr. 3, 2002
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit. 		Criminal Law and Procedure Apr. 3, 2002
U. S. v. Male Juvenile (Pierre Y.)
Federal district court had criminal jurisdiction over Native American juvenile adjudged juvenile delinquent for committing burglaries. 		Criminal Law and Procedure Apr. 3, 2002
People v. Lawley
Death-row inmate's sentence was improper as to conspiracy count since sentence already imposed for murder. 		Criminal Law and Procedure Apr. 3, 2002
Marks v. Superior Court (People)
In death penalty cases, although habeas corpus counsel may make suggestions, appellate counsel has ultimate control of record correction process. 		Criminal Law and Procedure Apr. 3, 2002
U.S. v. Watkins
Misbranding liability under Food, Drug, and Cosmetic Act requires proof of materiality under theories of intent to defraud or mislead. 		Criminal Law and Procedure Apr. 3, 2002
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